Tag: Judge Ross

‘Exceptional’ Case for Trademark Dating to the 1950s Ends in Permanent Injunction, Fees & Costs in the Northern District of Georgia

UniPro Foodservice, Inc. v. Eastern Tea Corp., Civil Action No. 1:22-cv-03691-ELR (N.D. Ga., June 14, 2023) Judge Eleanor Ross granted a motion for a permanent injunction, and also awarded the plaintiff’s statutory damages, attorneys fees, and costs in an “exceptional” trademark dispute.  Plaintiff UniPro Foodservice, Inc., (“UniPro” or […]

Who is the Real Legendary Strikes Bowling?

Legendary Strikes Mobile Bowling, LLC. v. Luxury Strike LLC and Terrence Jackson, Jr., Civil Action No. 1:22-CV-05065-ELR (N.D. Ga. May 15, 2023) Plaintiff struck Defendants with a lawsuit alleging that Defendants infringe Plaintiff’s standard character trademark, “Legendary Strikes Mobile Bowling” (The “Legendary Mark”). Order, at 1-2.  But the […]

Business Relationship Off the Wheels Now that Formerly Licensed Outfitter of Three-Wheeled Motorcycles Accused of Stealing

Polaris Experience, LLC v. Washington et al, Civil Action No. 1:23-cv-00750-ELR (N.D. Ga., Feb. 17, 2023) A complaint filed in the Northern District leverages trademark law to hold a formerly authorized outfitter of Polaris Slingshot three-wheeled motorcycles accountable. The Plaintiff, Polaris Experience, contracts with outfitters to lease the […]

Modtruss Stumbles on “Same” Problem with Battlefrog Obstacles – Motion for Preliminary Injunctive Relief Denied

This post follows up on this post on Judge Ross’s Order of June 6, 2016, in which she allowed Modtruss, Inc. (“Modtruss”), to clarify its intent with regard to a prior motion for a temporary restraining order and preliminary injunction against Defendant, Battlefrog LLC (“Battlefrog”).  Escaping the  technical […]